tag:blogger.com,1999:blog-8429122404476438989.post6813922519380160386..comments2024-03-05T01:13:08.033+05:30Comments on Lex Arbitri - the Indian Arbitration Blog: Vindobona Junction - Understanding the 18th Vis Problem (Part II)Deepak Rajuhttp://www.blogger.com/profile/10227775347125508118noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-8429122404476438989.post-67264843587702718992010-11-04T23:08:53.537+05:302010-11-04T23:08:53.537+05:30Oh and just to add a piece of information :
I jus...Oh and just to add a piece of information :<br /><br />I just discovered this: <br /><br />" nternational Commercial Arbitration Moot<br />Crash course<br />Milan, 30 September - 1 october 2010 <br /><br />The CAM organizes a two-days training course addressed to the Bocconi University and Turin University only, in light of the XVIII° edition of the Willem C. Vis International Commercial Arbitration Moot."<br /><br />--> http://www.camera-arbitrale.it/news.php?news_id=202&news_tipo=1&anno=2010&lng_id=14<br /><br />Could you please tell me why this is ONLY for italian students from Bocconi and Turin universities?<br /><br />The Arbitration Chamber itself...Bettynoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-10113362948904473032010-11-04T18:16:25.023+05:302010-11-04T18:16:25.023+05:30This is difficult, it's true that in the real ...This is difficult, it's true that in the real life, no one will help you with a case online. But on the other hand Deepak Raju isalso right. In real life, you will work in a law firm where you could have access to books, and talk with seniors and your collegues.<br /><br />That's so true that there are disparities in this Moot between the teams.<br /><br />First, the language, english native speacker teams have an advantage.<br />But above all, there are some teams with good coaches, supported by law firms, and assisting to do pre-moot.<br />This was for example my case last year, and it was so rewarding to work in this kind of supervision, even if they didn't work instead of us, not at all, we did everything, but they gave us very wize advice and help.<br />This year i'm doing the moot in a very different team, in this team, no selection, almost more of the half could not express itself in english AND they are undergraduate students, AND the only coach is an academic professor with not a lot of time to supervise us. The access to the law review in english is difficult also (we are in a non-english asia country), etc etc.<br /><br />I really see the difference, so yeah i must admit that it is nice to just exchange point of view about the moot and to have a "confirmed version" of what i understood about issues, just to be sure that i'm not doing huge mistakes.<br /><br />I don't know if it's really appropriate, but at least, a lawyer will not write our memorandum instead of us, which happens in the "real life" of the Moot story. (and i'm not talking about the fact that some students are doing the moot as a part of their university degree, while others have to spend their nights and their week end on it AND trying to not fail their Master degree's exams (which was our case last year for example).<br /><br />Yes, for sure, this is a difficult dilemma.Bettynoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-16250709626765261392010-11-02T13:34:06.544+05:302010-11-02T13:34:06.544+05:30That would be very interesting to see. Perhaps one...That would be very interesting to see. Perhaps one day we can organize a different competiton, one in which, alongside the problem, students get a basic roadmap for the problem and do not have to think hard about what exactly are the issues. Thinking hard and figuring things out is not something they would have to do in the real life. In real life, if you have a real case, you can always go online and see what people have to say about specific problems you are facing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-274397203340519052010-11-02T09:36:01.161+05:302010-11-02T09:36:01.161+05:30@anonymous
One's chance of winning does depen...@anonymous<br /><br />One's chance of winning does depend on the kind of coaches a team has, the kind of library and research facilities it has and the number and kind of pre-moots a team can afford to attend. It is true that some teams win despite being disadvantaged in these factors. But I know of only one such instance - my own university winning Vis in 2003 when it had no coaches, not even a copy of Redfern & Hunter in its library and could barely afford tickets to Vienna. (Thankfully, now our resources are much better). So leveling the playing field will make Vis a true fight of merit where everyone has a good chance if they work hard enough and are talented enough. I know my blog cannot put someone without a coach at par with someone coached by say, Prof. Klaus Peter Berger. But this is my way of contributing to Vis, the moot which have given me a lot. There are many others who are doing their bit in this endeavour too, for instance the Trans-Lex forum, the contributors to which include Prof. Berger.<br /><br />While this is not official, the organisers have been kind enough to include the blog in the list of suggested readings for this year.Deepak Rajuhttps://www.blogger.com/profile/10227775347125508118noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-83714768366752088622010-11-02T05:33:02.273+05:302010-11-02T05:33:02.273+05:30Just as I suspected, you are on a mission to '...Just as I suspected, you are on a mission to 'level disparity' between the teams between the 'poor' and 'wealthy' universities. The level of competence in the moot does not depend on the wealth of the university. If your goal is indeed to 'level the playing field', do write to the organizers, I am sure they would support such a worthy goal and even advertise it on their website. Or, come to think about it, they would probably not.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-50540009408145001512010-11-01T21:00:57.037+05:302010-11-01T21:00:57.037+05:30@ Anonymous,
Unlike the Jessup moot, Vienna has ...@ Anonymous, <br /><br />Unlike the Jessup moot, Vienna has no restrictions on teams receiving external assistance. Also, there is no restriction on the number of team members or coaches.<br /><br />While I appreciate that the students should work on the moot on their own, there is certain level of disparity that exists as some teams have coaches (often very senior professors who not only know the law very well, but wrote it with their own hands) whereas other teams from relatively poorer universities enjoy no such luxury. My purpose is to level this disparity to some extend and provide the teams without stellar coaches and advanced research tools at least a good starting point.<br /><br />These are mere pointers. Moreover, I am no expert compared to the coaches of most teams. So, teams still have a lot of work to do to reach anywhere near winning Vienna or reaching the advanced rounds.<br /><br />@ Bill, I will address this later. But I would urge you to consider whether the claimant had a reasonable opportunity to express/waive its objection.Deepak Rajuhttps://www.blogger.com/profile/10227775347125508118noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-25150446638655844212010-11-01T20:44:37.279+05:302010-11-01T20:44:37.279+05:30Dear Deepak,
These issues should not be discussed ...Dear Deepak,<br />These issues should not be discussed in the open. The point of the process is that the students figure out these things on their own. I can assure you that some of the issues you have listed are anything but obvious. I suggest you remove this posts from your blog.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-45242543422152746332010-10-18T00:24:22.897+05:302010-10-18T00:24:22.897+05:30Hello everyone!
I've got a question on proce...Hello everyone! <br /><br />I've got a question on procedure I'd like to share with you.<br /><br />In paragraph 4 of Procedural Order No. 1 the arbitral tribunal appears to be questioning whether it has jurisdiction to understand in the counterclaim brought forward by Fishing. Would you say that Trawler Supply should address this matter in its memorandum proactively rejecting the tribunal’s jurisdiction over the counterclaim? <br /><br />If one takes article 12 of the CAM rules into account, Trawler Supply can be said to have waived its right to object to the tribunal’s jurisdiction in respect to the counterclaim as it did not raise the issue in due course. Therefore, the only reasonable course of action available to Trawler Supply would be to uphold the tribunal’s jurisdiction, rendering any discussion of the matter redundant.<br /><br />What have you guys got to say about this?Bill Lawhttps://www.blogger.com/profile/03829479524496091499noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-58881083207778456482010-10-08T16:12:50.309+05:302010-10-08T16:12:50.309+05:30Thank you Oliver, Mohammed and other readers for t...Thank you Oliver, Mohammed and other readers for the continuing support. Hope Lex Arbitri can live up to your expectations.Deepak Rajuhttps://www.blogger.com/profile/10227775347125508118noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-51322179602980717442010-10-07T02:19:41.333+05:302010-10-07T02:19:41.333+05:30great work dude... rocking the blogs... way to go!...great work dude... rocking the blogs... way to go!!!Anonymoushttps://www.blogger.com/profile/08490934596596156617noreply@blogger.comtag:blogger.com,1999:blog-8429122404476438989.post-78356775048706825722010-10-05T17:50:58.672+05:302010-10-05T17:50:58.672+05:30Nice Post! Also a good place to discuss this year&...Nice Post! Also a good place to discuss this year's vis moot issues is the free discussion board at http://trans-lex.org/forum.php?cat_id=4/Vis-Moot-2011. Trans-Lex.org also contains several sources of law like the camera arbitrale di Milano Rules, the CISG etc. (all free-of-charge!)Unknownhttps://www.blogger.com/profile/10354285798034014435noreply@blogger.com